Muttsy

JP Morgan is a secured creditor. Its votes don't count. The voting that matters is of the "impaired classes" of creditors. Aside from a few trade creditors, the survivors are the only impaired class of voters that matter. Without 2/3rds of the survivors no plan that gives third party releases to non-debtors can be confirmed. The survivors are in complete control of the outcome of this case.

Incorrect. The judge will not be deciding the compensation contribution. This is not a real court or a real judge. This is let's make a deal court with the judge deciding....well, I can't think of anything she's decided. The parties will come to terms or the bankruptcy will be converted to a liquidation by the BSA or the judge will dismiss the bankruptcy. That's about the extent of her authority. A cram down would need substantial support from the survivors. I don't see it happening.

I don't care much about "shoulds." What I believe should happen about anything beyond my control is an exercise in navel gazing and self-induced frustration. I prefer to use facts and analysis to come to a conclusion about what I think is a probably outcome. If BSA dies, it will be the result of a slow suicide. I think that you and several others are seeing the end of days and the probably outcome of this bankruptcy. Anything is possible but a plan that leaves a shrunken BSA to emerge from bankruptcy. There will be assets to distribute but after confirmation the Trustee will pursue the i

CS, the Congressional Charter issue is a widely misunderstood thing. There are papers from the Congressional Research office that advise Congress on endless subjects including Congressional Charters. BSA is not the only entity to have a Congressional Charter. There are several others. The CRO says the charter imparts no responsibility on the US Government. The Charter is in the nature of an Honorarium --symbolic. It does not impart perpetual existence. BSA is incorporated in the district. It is subject to the corporate laws of the district. The Attorney General for the District of Columbia (n

Mismanaged and criminally managed corporations die all the time. Think Enron, Madoff Investment Securities LLC, Arthur Anderson LLP , yada yada yada. Where on earth does this concept come that BSA has this privilege that no other corporation possesses? Being a non-profit is partly the cause of it being on the brink. . If it had been a for-profit, there would have been shareholders who rebelled and who would have gotten rid of the National Board and put in new management decades ago. Hundreds of lawsuits is bad business. Shareholders understand. Here there was no one watching

"Adequate" is an impossible word to apply to the human carnage BSA caused. And it is especially arrogant coming from BSA to imply or suggest that it has the slightest idea of what it means. The word should be "acceptable" not adequate. What is acceptable is probably the going rate nationally which is in the neighborhood of $1-1.5M average case value. Does BSA or Chubb/Century have the ability to pay that amount even if they were all liquidated? No. So BSA should just shut up about compensation. They won't be deciding the question, the voting survivors will. And that amou

I tend to agree. Hard to imagine the Coalition lawyers settling out without the official committee. That would create a firestorm. It would be opposed by the US Trustee and it’s protnot possible under the bankruptcy code. Similarly situated claimants have to be similarly treated under any plan. KOSNOFF controls 17,000 clients. He’d go berserk.

I’ll meet your North Carolina and raise you NY, NJ, VT, CN, CA, OR, WA, DC. AR was a welcome surprise as were bills introduced in OK and again in GA which got outmaneuvered by the insurance and Catholic Church lobby. My point is to echo the word “inevitable. The MI AG story is the handwriting on the wall if only the recalcitrants could escape their self-destructive denial.

Look backs are not the only way to get around SOLs. There are other recognized tolling theories. Fraudulent Concealment tolling opened the door in Idaho for example. It is a federal court ruling. It is likely to be followed in many states. Plus look back windows are coming fast and furious to a theatre near you. Look for IA, GA, FL, Tx. Look backs are not blue state phenomena any longer. the Idaho case is the Judge Winmill decision. https://casetext.com/case/doe-v-boy-scouts-of-am-6

Johnsch322, That is not a crazy idea whatsoever. Schiovoni's masters at Chubb should feel some hostile public response. Chubb owns hundreds of subsidiary insurance companies world-wide. I would venture to say that there are members of this forum that pay insurance premiums to Chubb or one of its subsidiaries. I do. But I won't be renewing with Chubb next spring. Chubb Limited, incorporated in Zürich, Switzerland, is the parent company of Chubb, a global provider of insurance products covering property and casualty, accident and health, reinsurance, and life insurance and the large

I agree with Michigander’s observations. Every AG in America is running for governor the day after they are elected. Political animals indeed. But that’s our system. personally, I don’t care her motives, I’m grateful she is. also agree she is probably clueless about the substance or scope of what she has publicly albeit vaguely committed her office. Again, that’s ok. We should urge the TCC to assist her. My rough calculations are between 3000-4000 of the claimants of the 84000 were abused in Michigan. im sure she has no idea…yet.

This is a big whoa! Let’s hope it spreads to other states quickly.

The Handbook of Instructions in the LDS Church instructs (Ch. 10) on how to deal with child sexual abuse. If you are LDS clergy or former clergy you are acquainted with it. It instructs lower clergy to call the Church's law firm in Salt Lake, not the police or civil authorities. The perpetrator not the bishop is to turn himself in to the police but it advises the perpetrator to first lawyer up. LDS clergy are discouraged from getting involved with the legal system. The Church's focus is 100% focused on itself and zero percent on the abused child. It is focused on preventing lawsuits and scanda

A scout survivor who settled his lawsuit with the BSA about fifteen years ago paid Boyle for the rights to his book and put in up on the internet. It is attached. The reference is at page 272. 20420157_ScoutsHonorBookbyPatrickBoyle.pdf You can also download it free at https://youthtoday.org/2008/09/scouts-honor/

Interesting. Technically, BSA no longer enjoys exclusivity. It expired May 19th while it’s extension motion is still pending. Who is in control of the plan makes a huge difference. Right now we are in a strange limbo. We’ll see what the court does this Friday.

CS, That’s a fair question. It would be such a complicated deal, the problem is how to communicate it. Just look at the high level discussions on this board. It takes time and effort to understand all the concepts. It’s a steep learning curve. I believe the insurance piece is not that risky. But it’s too risky if that is all the BSA is prepared to give which has been its position from the start. If there is 4B in LC assets and another 2-3 billion in BSA assets, how much do they have to surrender to get to a viable deal? Half? BSA’s and LC’s options are that or bleed ou

My guess is BSA knows it has to go with the TCC/Coalition/FCR plan which will allow BSA to emerge from chapter 11 in exchange for $2-3B in cash and LC real estate plus all the insurance assignments go in to a post-confirmation Settlement Trust. The CO's They can contribute a "reasonable" amount and get releases. The mediation discussions last week and next a probably focused on how much BSA and selected councils are going to kick in. It has to be substantial if they want to get the 2/3rds of votes cast. Those that don't can take their chances in the tort system or settle out with the Set

The Mormon Church has long thought of BSA as a subsidiary of LDS, Inc., and for good reason. The Mormon Church goes back to the beginning of BSA, actually before BSA. LDS was the very FIRST Chartering Organization. The Mormon Church folded its Pioneers scouting program into BSA in approximately 1917. It became the largest CO with over 40% of all troops. It approached scouting differently than other chartering organizations. It used its association with BSA as a way to mainstream away from its terrible public image coming out of the polygamy criminal prosecutions and near forc

Patrick Boyle's 1992 book Scouts Honor is essential reading to understand how it all came to this. It was the institutional instinct to conceal, minimize and deny. "By dealing with these cases as a series of unrelated events rather than as a pattern, the Boy Scouts of America was behaving just like Carl: minimizing, rationalizing, assuring itself it had no problem. "The Scouts believed their own image. They believed their own publicity," says Mike Rothschild, a California attorney who represented an abused Scout.34 No one, therefore, reported the cases to the BS

Love the Paul Harvey reference …but you date yourself CS! re Oregon law of Respondeat Superior (which is unique in the US), the 1997 case is not good law. It was superceded by the Fearng/Buecher cases in ~2001 which recognized “mixed motive” situations and held it was ultimately a fact question for the jury. That’s significant because the jury was going to hear all the evidence even if it ultimately imposed liability based on negligence not on RS. BSA lawyers blundered massively taking a case like Kerry Lewis to a jury in Portland, particularly after the court had ruled the IV f

A lawyer friend forwarded this letter from a survivor to Judge Silverstein. I was very impressed with it. TO: Justice Laurie Selber Silverstein BSA Bankruptcy Case 824 Market Street, 6th Floor Wilmington, DE 19801 REF: Case # SA-18492 Honorable Judge Silverstein, Ma'am, it has come to my attention that Boy Scout of America (BSA) abuse survivors have been encouraged to reach out to you to let you know how victims, like m

CynicalScouter - the letter and Chubb's responses are on the internet. Here is the full document. 60e0abcc-d3d9-438d-bc90-a89987fe94b3_5057.pdf

Welcome to the forum. I can confirm from the survivors side that your intel is correct. Then NJ, NC and CA. Good to hear the LC’s are tuning in to reality. They have no good options.

He laid this out on his twitter feed with links to documents and news stories. It is worth checking out.

Thanks. This puts enormous pressure on Chubb. It can fight but I think the survivors' case against Chubb is strong. Chubb will eventually lose on the facts and the law if it fights. If she orders Chubb to produce the documents (and she must), it is game over for Chubb/Century. The documents it is refusing to produce will probably show that the PA Insurance Commissioner conditioned the INA/Century restructuring as mandating notice to its policyholder (BSA), that INA/Century is still on the hook (INA is still an active insurance company albeit a subsidiary of Chubb). Tis means all roads lead to